PHILIPPINE HAWK CORPORATION VS.

VIVIAN TAN LEE  

GR 166869 February 16, 2010 
  
FACTS: 
● Vivian Lee Tan and her husband, Silvino Tan, were involved in an accident with a Metro Bus 
driven by Margarito Avila, an employee of Philippine Hawk 
○ The bus was running at fast speed and then hit a jeep and the motorcycle as well 
● Silvino Tan died on the spot while Vivian Lee Tan suffered physical injuries which necessitated 
medical attention and hospitalization 
● Vivian Tan Lee filed before the RTC of QC a Complaint for damages based on quasi-delict, and 
sought the payment of indemnity for the death of her husband, moral and exemplary damages, 
funeral and interment expenses, medical and hospitalization expenses, motorcycle’s repair, 
attorney’s fees, other reliefs 
○ Philippine Hawk denied liability, saying that it was due to the recklessness or lack of 
caution of Silvino Tan 
● RTC rendered judgment in favor of Vivian Lee Tan, ordering Philhawk and Avila to pay sum of 
P745,575.00 for loss of earnings and actual damages + P50,000.00 for moral damages, ​for 
failure to exercise the diligence of a good father of the family in the selection and 
supervision of Avila, failing to inculcate in him discipline and correct behavior on the road 
○ If bus was in the right side of the highway, bus would not have hit the jeep which was 
parked on the left  
○ Since Avila saw motorcycle before the collision, he should have stepped on the breaks, 
but he just maintained his speed and veered to the left  
○  
○ Avila is guilty of simple negligence 
● On appeal, CA affirmed decision of RTC, so Philhawk filed this petition for certiorari 
 
ISSUE:  
● Whether or not Philhawk is liable to Vivan Lee Tan for damages? (Yes) 
 
HELD: 
● SC found no reason to disturb findings of the RTC - Avila is guilty of simple negligence 
● Whenever an employee’s negligence causes damage or injury to another, there arises a 
presumption that the employer failed to exercise due diligence of a good father of the 
family in the selection or supervision of its employees  
○ To avoid liability for a quasi-delict committed by employee, employer must overcome 
presumption by presenting proof that he exercised care and diligence of a good father 
of a family in the selection and supervision of employee 
● Philhawk is liable to Vivian Lee Tan, since it failed to exercise diligence of a good father of the 
family in the selection and supervision of its bus driver, Avila 
○ Tests were on ability to drive and physical fitness to do so 
○ Did not know that Avila had been involved previously in sideswiping incidents